Legal Question in Family Law in Illinois
separtion (husband and wife)
If a spouse abandon the home is it necessary for the other spouse to find a legal separtion? If so how long after? Is that any IRS rules stating in order for to request emergency withdrawl from a 401 plan that a legal court order has to be filed?
1 Answer from Attorneys
Re: separtion (husband and wife)
Do you mean that your spouse abandoned you? In that case, it must be for one year. However, filing for legal separation is a waste of time, unless the two of you intend to reconcile. You can file for divorce, even if your spouse isn't gone for one year.
There is no regulation I know of by the IRS that allows you to take from your 401(k) without a penalty. No state court can order otherwise. I would advise you to ask an accountant.
Please call for a free consultation regarding the divorce.
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